HR 6500 — Continuing Appropriations and Extensions Act, 2027

CHANGES IN EXISTING LAW MADE BY THE BILL,
 AS REPORTED

 In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows.

 Changes in Existing Law Made by the Bill, as Reported

 In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TRADE ACT OF 1974

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 TITLE V--GENERALIZED SYSTEM OF PREFERENCES

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SEC. 506B. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN COUNTRIES.

 In the case of a beneficiary sub-Saharan African country, as 
defined in section 506A(c), duty-free treatment provided under 
this title shall remain in effect through [September 30, 2025] 
December 31, 2028.

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 AFRICAN GROWTH AND OPPORTUNITY ACT

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 TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO 
 SUB-SAHARAN AFRICA

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 Subtitle B--Trade Benefits

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SEC. 112. TREATMENT OF CERTAIN TEXTILES AND APPAREL.

 (a) Preferential Treatment.--Textile and apparel articles 
described in subsection (b) that are imported directly into the 
customs territory of the United States from a beneficiary sub-
Saharan African country described in section 506A(c) of the 
Trade Act of 1974, shall enter the United States free of duty 
and free of any quantitative limitations in accordance with the 
provisions set forth in subsection (b), if the country has 
satisfied the requirements set forth in section 113.
 (b) Products Covered.--Subject to subsection (c), the 
preferential treatment described in subsection (a) shall apply 
only to the following textile and apparel products:
 (1) Apparel articles assembled in one or more 
 beneficiary sub-saharan african countries.--Apparel 
 articles sewn or otherwise assembled in one or more 
 beneficiary sub-Saharan African countries from fabrics 
 wholly formed and cut, or from components knit-to-
 shape, in the United States from yarns wholly formed in 
 the United States, or both (including fabrics not 
 formed from yarns, if such fabrics are classifiable 
 under heading 5602 or 5603 of the Harmonized Tariff 
 Schedule of the United States and are wholly formed and 
 cut in the United States) that are--
 (A) entered under subheading 9802.00.80 of 
 the Harmonized Tariff Schedule of the United 
 States; or
 (B) entered under chapter 61 or 62 of the 
 Harmonized Tariff Schedule of the United 
 States, if, after such assembly, the articles 
 would have qualified for entry under subheading 
 9802.00.80 of the Harmonized Tariff Schedule of 
 the United States but for the fact that the 
 articles were embroidered or subjected to 
 stone-washing, enzyme-washing, acid washing, 
 perma-pressing, oven-baking, bleaching, 
 garment-dyeing, screen printing, or other 
 similar processes.
 (2) Other apparel articles assembled in one or more 
 beneficiary sub-saharan african countries.--Apparel 
 articles sewn or otherwise assembled in one or more 
 beneficiary sub-Saharan African countries with thread 
 formed in the United States from fabrics wholly formed 
 in the United States and cut in one or more beneficiary 
 sub-Saharan African countries from yarns wholly formed 
 in the United States, or from components knit-to-shape 
 in the United States from yarns wholly formed in the 
 United States, or both (including fabrics not formed 
 from yarns, if such fabrics are classifiable under 
 heading 5602 or 5603 of the Harmonized Tariff Schedule 
 of the United States and are wholly formed in the 
 United States).
 (3) Apparel articles from regional fabric or yarns.--
 Apparel articles wholly assembled in one or more 
 beneficiary sub-Saharan African countries from fabric 
 wholly formed in one or more beneficiary sub-Saharan 
 African countries from yarns originating in the United 
 States or one or more beneficiary sub-Saharan African 
 countries or former beneficiary sub-Saharan African 
 countries, or both (including fabrics not formed from 
 yarns, if such fabrics are classified under heading 
 5602 or 5603 of the Harmonized Tariff Schedule of the 
 United States and are wholly formed in one or more 
 beneficiary sub-Saharan African countries), or from 
 components knit-to-shape in one or more beneficiary 
 sub-Saharan African countries from yarns originating in 
 the United States or one or more beneficiary sub-
 Saharan African countries or former beneficiary sub-
 Saharan African countries, or both, or apparel articles 
 wholly formed on seamless knitting machines in a 
 beneficiary sub-Saharan African country from yarns 
 originating in the United States or one or more 
 beneficiary sub-Saharan African countries or former 
 beneficiary sub-Saharan African countries, or both, 
 whether or not the apparel articles are also made from 
 any of the fabrics, fabric components formed, or 
 components knit-to-shape described in paragraph (1) or 
 (2) (unless the apparel articles are made exclusively 
 from any of the fabrics, fabric components formed, or 
 components knit-to-shape described in paragraph (1) or 
 (2)), subject to the following:
 (A) Limitations on benefits.--
 (i) In general.--Preferential 
 treatment under this paragraph shall be 
 extended in the 1-year period beginning 
 October 1, 2003, and in each of the [21 
 succeeding] 24 succeeding 1-year 
 periods, to imports of apparel articles 
 in an amount not to exceed the 
 applicable percentage of the aggregate 
 square meter equivalents of all apparel 
 articles imported into the United 
 States in the preceding 12-month period 
 for which data are available.
 (ii) Applicable percentage.--For 
 purposes of this subparagraph, the term 
 ``applicable percentage'' means--
 (I) 4.747 percent for the 1-
 year period beginning October 
 1, 2003, increased in each of 
 the 5 succeeding 1-year periods 
 by equal increments, so that 
 for the 1-year period beginning 
 October 1, 2007, the applicable 
 percentage does not exceed 7 
 percent; and
 (II) for each succeeding 1-
 year period until [September 
 30, 2025] December 31, 2028, 
 not to exceed 7 percent.
 (B) Surge mechanism.--
 (i) Import monitoring.--The Secretary 
 of Commerce shall monitor imports of 
 articles described in this paragraph on 
 a monthly basis to determine if there 
 has been a surge in imports of such 
 articles. In order to permit public 
 access to preliminary international 
 trade data and to facilitate the early 
 identification of potentially 
 disruptive import surges, the Director 
 of the Office of Management and Budget 
 may grant an exception to the 
 publication dates established for the 
 release of data on United States 
 international trade in covered 
 articles, if the Director notifies 
 Congress of the early release of the 
 data.
 (ii) Determination of damage or 
 threat thereof.--Whenever the Secretary 
 of Commerce determines, based on the 
 data described in clause (i), or 
 pursuant to a written request made by 
 an interested party, that there has 
 been a surge in imports of an article 
 described in this paragraph from a 
 beneficiary sub-Saharan African 
 country, the Secretary shall determine 
 whether such article from such country 
 is being imported in such increased 
 quantities as to cause serious damage, 
 or threat thereof, to the domestic 
 industry producing a like or directly 
 competitive article. If the Secretary's 
 determination is affirmative, the 
 President shall suspend the duty-free 
 treatment provided for such article 
 under this paragraph. If the inquiry is 
 initiated at the request of an 
 interested party, the Secretary shall 
 make the determination within 60 days 
 after the date of the request.
 (iii) Factors to consider.--In 
 determining whether a domestic industry 
 has been seriously damaged, or is 
 threatened with serious damage, the 
 Secretary shall examine the effect of 
 the imports on relevant economic 
 indicators such as domestic production, 
 sales, market share, capacity 
 utilization, inventories, employment, 
 profits, exports, prices, and 
 investment.
 (iv) Procedure.--
 (I) Initiation.--The 
 Secretary of Commerce shall 
 initiate an inquiry within 10 
 days after receiving a written 
 request and supporting 
 information for an inquiry from 
 an interested party. Notice of 
 initiation of an inquiry shall 
 be published in the Federal 
 Register.
 (II) Participation by 
 interested parties.--The 
 Secretary of Commerce shall 
 establish procedures to ensure 
 participation in the inquiry by 
 interested parties.
 (III) Notice of 
 determination.--The Secretary 
 shall publish the determination 
 described in clause (ii) in the 
 Federal Register.
 (IV) Information available.--
 If relevant information is not 
 available on the record or any 
 party withholds information 
 that has been requested by the 
 Secretary, the Secretary shall 
 make the determination on the 
 basis of the facts available. 
 When the Secretary relies on 
 information submitted in the 
 inquiry as facts available, the 
 Secretary shall, to the extent 
 practicable, corroborate the 
 information from independent 
 sources that are reasonably 
 available to the Secretary.
 (v) Interested party.--For purposes 
 of this subparagraph, the term 
 ``interested party'' means any producer 
 of a like or directly competitive 
 article, a certified union or 
 recognized union or group of workers 
 which is representative of an industry 
 engaged in the manufacture, production, 
 or sale in the United States of a like 
 or directly competitive article, a 
 trade or business association 
 representing producers or sellers of 
 like or directly competitive articles, 
 producers engaged in the production of 
 essential inputs for like or directly 
 competitive articles, a certified union 
 or group of workers which is 
 representative of an industry engaged 
 in the manufacture, production, or sale 
 of essential inputs for the like or 
 directly competitive article, or a 
 trade or business association 
 representing companies engaged in the 
 manufacture, production, or sale of 
 such essential inputs.
 (4) Sweaters knit-to-shape from cashmere or merino 
 wool.--
 (A) Cashmere.--Sweaters, in chief weight of 
 cashmere, knit-to-shape in one or more 
 beneficiary sub-Saharan African countries and 
 classifiable under subheading 6110.10 of the 
 Harmonized Tariff Schedule of the United 
 States.
 (B) Merino wool.--Sweaters, 50 percent or 
 more by weight of wool measuring 21.5 microns 
 in diameter or finer, knit-to-shape in one or 
 more beneficiary sub-Saharan African countries.
 (5) Apparel articles wholly assembled from fabric or 
 yarn not available in commercial quantities in the 
 united states.--
 (A) In general.--Apparel articles that are 
 both cut (or knit-to-shape) and sewn or 
 otherwise assembled in one or more beneficiary 
 sub-Saharan African countries, to the extent 
 that apparel articles of such fabrics or yarns 
 would be eligible for preferential treatment, 
 without regard to the source of the fabrics or 
 yarns, under Annex 4-B of the USMCA.
 (B) Additional apparel articles.--At the 
 request of any interested party and subject to 
 the following requirements, the President is 
 authorized to proclaim the treatment provided 
 under subparagraph (A) for yarns or fabrics not 
 described in subparagraph (A) if--
 (i) the President determines that 
 such yarns or fabrics cannot be 
 supplied by the domestic industry in 
 commercial quantities in a timely 
 manner;
 (ii) the President has obtained 
 advice regarding the proposed action 
 from the appropriate advisory committee 
 established under section 135 of the 
 Trade Act of 1974 (19 U.S.C. 2155) and 
 the United States International Trade 
 Commission;
 (iii) within 60 calendar days after 
 the request, the President has 
 submitted a report to the Committee on 
 Ways and Means of the House of 
 Representatives and the Committee on 
 Finance of the Senate that sets forth--
 (I) the action proposed to be 
 proclaimed and the reasons for 
 such action; and
 (II) the advice obtained 
 under clause (ii);
 (iv) a period of 60 calendar days, 
 beginning with the first day on which 
 the President has met the requirements 
 of subclauses (I) and (II) of clause 
 (iii), has expired; and
 (v) the President has consulted with 
 such committees regarding the proposed 
 action during the period referred to in 
 clause (iii).
 (C) Removal of designation of fabrics or 
 yarns not available in commercial quantities.--
 If the President determines that any fabric or 
 yarn was determined to be eligible for 
 preferential treatment under subparagraph (A) 
 on the basis of fraud, the President is 
 authorized to remove that designation from that 
 fabric or yarn with respect to articles entered 
 after such removal.
 (6) Handloomed, handmade, folklore articles and 
 ethnic printed fabrics.--
 (A) In general.--A handloomed, handmade, 
 folklore article or an ethnic printed fabric of 
 a beneficiary sub-Saharan African country or 
 countries that is certified as such by the 
 competent authority of such beneficiary country 
 or countries. For purposes of this section, the 
 President, after consultation with the 
 beneficiary sub-Saharan African country or 
 countries concerned, shall determine which, if 
 any, particular textile and apparel goods of 
 the country (or countries) shall be treated as 
 being handloomed, handmade, or folklore 
 articles or an ethnic printed fabric.
 (B) Requirements for ethnic printed fabric.--
 Ethnic printed fabrics qualified under this 
 paragraph are--
 (i) fabrics containing a selvedge on 
 both edges, having a width of less than 
 50 inches, classifiable under 
 subheading 5208.52.30 or 5208.52.40 of 
 the Harmonized Tariff Schedule of the 
 United States;
 (ii) of the type that contains 
 designs, symbols, and other 
 characteristics of African prints--
 (I) normally produced for and 
 sold on the indigenous African 
 market; and
 (II) normally sold in Africa 
 by the piece as opposed to 
 being tailored into garments 
 before being sold in indigenous 
 African markets;
 (iii) printed, including waxed, in 
 one or more eligible beneficiary sub-
 Saharan countries; and
 (iv) fabrics formed in the United 
 States, from yarns formed in the United 
 States, or from fabric formed in one or 
 more beneficiary sub-Saharan African 
 country from yarn originating in either 
 the United States or one or more 
 beneficiary sub-Saharan African 
 countries.
 (7) Apparel articles assembled in one or more 
 beneficiary sub-saharan african countries from united 
 states and beneficiary sub-saharan african country 
 components.--Apparel articles sewn or otherwise 
 assembled in one or more beneficiary sub-Saharan 
 African countries with thread formed in the United 
 States from components cut in the United States and one 
 or more beneficiary sub-Saharan African countries or 
 former beneficiary sub-Saharan African countries from 
 fabric wholly formed in the United States from yarns 
 wholly formed in the United States, or from components 
 knit-to-shape in the United States and one or more 
 beneficiary sub-Saharan African countries or former 
 beneficiary sub-Saharan African countries from yarns 
 wholly formed in the United States, or both (including 
 fabrics not formed from yarns, if such fabrics are 
 classifiable under heading 5602 or 5603 of the 
 Harmonized Tariff Schedule of the United States).
 (8) Textile articles originating entirely in one or 
 more lesser developed beneficiary sub-saharan african 
 countries.--Textile and textile articles classifiable 
 under chapters 50 through 60 or chapter 63 of the 
 Harmonized Tariff Schedule of the United States that 
 are products of a lesser developed beneficiary sub-
 Saharan African country and are wholly formed in one or 
 more such countries from fibers, yarns, fabrics, fabric 
 components, or components knit-to-shape that are the 
 product of one or more such countries.
 (c) Lesser Developed Countries.--
 (1) Preferential treatment of products through 
 [september 30, 2025] december 31, 2028.--
 (A) Products covered.--In addition to the 
 products described in subsection (b) the 
 preferential treatment described in subsection 
 (a) shall apply through [September 30, 2025] 
 December 31, 2028, to apparel articles wholly 
 assembled, or knit-to-shape and wholly 
 assembled, or both, in one or more lesser 
 developed beneficiary sub-Saharan African 
 countries, regardless of the country of origin 
 of the fabric or the yarn used to make such 
 articles, in an amount not to exceed the 
 applicable percentage of the aggregate square 
 meter equivalents of all apparel articles 
 imported into the United States in the 
 preceding 12-month period for which data are 
 available.
 (B) Applicable percentage.--For purposes of 
 subparagraph (A), the term ``applicable 
 percentage'' means--
 (i) 2.9285 percent for the 1-year 
 period beginning on October 1, 2005; 
 and
 (ii) 3.5 percent for the 1-year 
 period beginning on October 1, 2006, 
 and each 1-year period thereafter 
 through [September 30, 2025] December 
 31, 2028.
 (2) Applicability of other provisions.--Subsection 
 (b)(3)(B) applies to apparel articles eligible for 
 preferential treatment under this subsection to the 
 same extent as that subsection applies to apparel 
 articles eligible for preferential treatment under 
 subsection (b)(3).
 (3) Definition.--In this subsection, the term 
 ``lesser developed beneficiary sub-Saharan African 
 country'' means--
 (A) a beneficiary sub-Saharan African country 
 that had a per capita gross national product of 
 less than $1,500 in 1998, as measured by the 
 International Bank for Reconstruction and 
 Development;
 (B) Botswana;
 (C) Namibia; and
 (D) Mauritius.
 (d) Treatment of Quotas on Textile and Apparel Imports from 
Kenya and Mauritius.--The President shall eliminate the 
existing quotas on textile and apparel articles imported into 
the United States--
 (1) from Kenya within 30 days after that country 
 adopts an effective visa system to prevent unlawful 
 transshipment of textile and apparel articles and the 
 use of counterfeit documents relating to the 
 importation of the articles into the United States; and
 (2) from Mauritius within 30 days after that country 
 adopts such a visa system.
The Customs Service shall provide the necessary technical 
assistance to Kenya and Mauritius in the development and 
implementation of the visa systems.
 (e) Special Rules.--
 (1) Findings and trimmings.--
 (A) General rule.--An article otherwise 
 eligible for preferential treatment under this 
 section shall not be ineligible for such 
 treatment because the article contains findings 
 or trimmings of foreign origin, if the value of 
 such findings and trimmings do not exceed 25 
 percent of the cost of the components of the 
 assembled article. Examples of findings and 
 trimmings are sewing thread, hooks and eyes, 
 snaps, buttons, ``bow buds'', decorative lace 
 trim, elastic strips, and zippers, including 
 zipper tapes and labels. Elastic strips are 
 considered findings or trimmings only if they 
 are each less than 1 inch in width and used in 
 the production of brassieres.
 (B) Certain interlinings.--
 (i) General rule.--An article 
 otherwise eligible for preferential 
 treatment under this section shall not 
 be ineligible for such treatment 
 because the article contains certain 
 interlinings of foreign origin, if the 
 value of such interlinings (and any 
 findings and trimmings) does not exceed 
 25 percent of the cost of the 
 components of the assembled article.
 (ii) Interlinings described.--
 Interlinings eligible for the treatment 
 described in clause (i) include only a 
 chest type plate, a ``hymo'' piece, or 
 ``sleeve header'', of woven or weft-
 inserted warp knit construction and of 
 coarse animal hair or man-made 
 filaments.
 (iii) Termination of treatment.--The 
 treatment described in this 
 subparagraph shall terminate if the 
 President makes a determination that 
 United States manufacturers are 
 producing such interlinings in the 
 United States in commercial quantities.
 (C) Exception.--In the case of an article 
 described in subsection (b)(2), sewing thread 
 shall not be treated as findings or trimmings 
 under subparagraph (A).
 (2) De minimis rule.--An article otherwise eligible 
 for preferential treatment under this section shall not 
 be ineligible for such treatment because the article 
 contains fibers or yarns not wholly formed in the 
 United States or one or more beneficiary sub-Saharan 
 African countries or former beneficiary sub-Saharan 
 African countries if the total weight of all such 
 fibers and yarns is not more than 10 percent of the 
 total weight of the article.
 (3) Certain components.--An article otherwise 
 eligible for preferential treatment under this section 
 will not be ineligible for such treatment because the 
 article contains--
 (A) any collars or cuffs (cut or knit-to-
 shape),
 (B) drawstrings,
 (C) shoulder pads or other padding,
 (D) waistbands,
 (E) belt attached to the article,
 (F) straps containing elastic, or
 (G) elbow patches,
 that do not meet the requirements set forth in 
 subsections (b) and (c), regardless of the country of 
 origin of the item referred to in the applicable 
 subparagraph of this paragraph.
 (f) Definitions.--In this section and section 113:
 (1) Agreement on textiles and clothing.--The term 
 ``Agreement on Textiles and Clothing'' means the 
 Agreement on Textiles and Clothing referred to in 
 section 101(d)(4) of the Uruguay Round Agreements Act 
 (19 U.S.C. 3511(d)(4)).
 (2) Beneficiary sub-saharan african country, etc.--
 The terms ``beneficiary sub-Saharan African country'' 
 and ``beneficiary sub-Saharan African countries'' have 
 the same meaning as such terms have under section 
 506A(c) of the Trade Act of 1974.
 (3) USMCA.--The term ``USMCA'' has the meaning given 
 that term in section 3 of the United States-Mexico-
 Canada Agreement Implementation Act (19 U.S.C. 4502).
 (4) Former sub-saharan african country.--The term 
 ``former sub-Saharan African country'' means a country 
 that, after being designated as a beneficiary sub-
 Saharan African country under this Act, ceased to be 
 designated as such a beneficiary sub-Saharan country by 
 reason of its entering into a free trade agreement with 
 the United States.
 (5) Enter; entered.--The terms ``enter'' and 
 ``entered'' refer to the entry, or withdrawal from 
 warehouse for consumption, in the customs territory of 
 the United States.
 (g) Effective Date.--This section takes effect on October 1, 
2000, and shall remain in effect through [September 30, 2025] 
December 31, 2028.

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 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION 
 ACT OF 1985

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SEC. 13031. FEES FOR CERTAIN CUSTOMS SERVICES.

 (a) Schedule of Fees.--In addition to any other fee 
authorized by law, the Secretary of the Treasury shall charge 
and collect the following fees (subject to adjustment under 
subsection (l)) for the provision of customs services in 
connection with the following:
 (1) For the arrival of a commercial vessel of 100 net 
 tons or more, $397.
 (2) For the arrival of a commercial truck, $5.
 (3) For the arrival of each railroad car carrying 
 passengers or commercial freight, $7.50.
 (4) For all arrivals made during a calendar year by a 
 private vessel or private aircraft, $25.
 (5)(A) Subject to subparagraph (B), for the arrival 
 of each passenger aboard a commercial vessel or 
 commercial aircraft from a place outside the United 
 States (other than a place referred to in subsection 
 (b)(1)(A)(i) of this section), $5.
 (B) For the arrival of each passenger aboard a 
 commercial vessel from a place referred to in 
 subsection (b)(1)(A)(i) of this section, $1.75.
 (6) For each item of dutiable mail for which a 
 document is prepared by a customs officer (other than 
 an item subject to a fee under subsection (b)(9)(D)), 
 $5.
 (7) For each customs broker permit held by an 
 individual, partnership, association, or corporate 
 customs broker, $125 per year.
 (8) For the arrival of a barge or other bulk carrier 
 from Canada or Mexico, $100.
 (9)(A) For the processing of merchandise that is 
 formally entered or released during any fiscal year, a 
 fee in an amount equal to 0.21 percent ad valorem, 
 unless adjusted under subparagraph (B).
 (B)(i) The Secretary of the Treasury may adjust the 
 ad valorem rate specified in subparagraph (A) to an ad 
 valorem rate (but not to a rate of more than 0.21 
 percent nor less than 0.15 percent) and the amounts 
 specified in subsection (b)(8)(A)(i) (but not to more 
 than $485 nor less than $21) to rates and amounts which 
 would, if charged, offset the salaries and expenses 
 that will likely be incurred by the Customs Service in 
 the processing of such entries and releases during the 
 fiscal year in which such costs are incurred.
 (ii) In determining the amount of any adjustment 
 under clause (i), the Secretary of the Treasury shall 
 take into account whether there is a surplus or deficit 
 in the fund established under subsection (f) with 
 respect to the provision of customs services for the 
 processing of formal entries and releases of 
 merchandise.
 (iii) An adjustment may not be made under clause (i) 
 with respect to the fee charged during any fiscal year 
 unless the Secretary of the Treasury--
 (I) not later than 45 days after the date of 
 the enactment of the Act providing full-year 
 appropriations for the Customs Service for that 
 fiscal year, publishes in the Federal Register 
 a notice of intent to adjust the fee under this 
 paragraph and the amount of such adjustment;
 (II) provides a period of not less than 30 
 days following publication of the notice 
 described in subclause (I) for public comment 
 and consultation with the Committee on Finance 
 of the Senate and the Committee on Ways and 
 Means of the House of Representatives regarding 
 the proposed adjustment and the methodology 
 used to determine such adjustment;
 (III) upon the expiration of the period 
 provided under subclause (II), notifies such 
 committees in writing regarding the final 
 determination to adjust the fee, the amount of 
 such adjustment, and the methodology used to 
 determine such adjustment; and
 (IV) upon the expiration of the 15-day period 
 following the written notification described in 
 subclause (III), submits for publication in the 
 Federal Register notice of the final 
 determination regarding the adjustment of the 
 fee.
 (iv) The 15-day period referred to in clause 
 (iii)(IV) shall be computed by excluding--
 (I) the days on which either House is not in 
 session because of an adjournment of more than 
 3 days to a day certain or an adjournment of 
 the Congress sine die; and
 (II) any Saturday and Sunday, not excluded 
 under subclause (I), when either House is not 
 in session.
 (v) An adjustment made under this subparagraph shall 
 become effective with respect to formal entries and 
 releases made on or after the 15th calendar day after 
 the date of publication of the notice described in 
 clause (iii)(IV) and shall remain in effect until 
 adjusted under this subparagraph.
 (C) Any fee charged under this paragraph, whether or 
 not adjusted under subparagraph (B), is subject to the 
 limitations in subsection (b)(8)(A).
 (10) For the processing of merchandise that is 
 informally entered or released, other than at--
 (A) a centralized hub facility,
 (B) an express consignment carrier facility, 
 or
 (C) a small airport or other facility to 
 which section 236 of the Trade and Tariff Act 
 of 1984 applies, if more than 25,000 informal 
 entries were cleared through such airport or 
 facility during the fiscal year preceding such 
 entry or release (other than Inbound EMS items 
 describedin subsection (b)(9)(D)),
 a fee of--
 (i) $2 if the entry or release is automated 
 and not prepared by customs personnel;
 (ii) $6 if the entry or release is manual and 
 not prepared by customs personnel; or
 (iii) $9 if the entry or release, whether 
 automated or manual, is prepared by customs 
 personnel.
 For provisions relating to the informal entry or 
 release of merchandise at facilities referred to in 
 subparagraphs (A), (B), and (C), or of Inbound EMS 
 items described in subsection (b)(9)(D), see subsection 
 (b)(9).
 (b) Limitations on Fees.--(1)(A) Except as provided in 
subsection (a)(5)(B) of this section, no fee may be charged 
under subsection (a) of this section for customs services 
provided in connection with--
 (i) the arrival of any passenger whose journey--
 (I) originated in a territory or possession 
 of the United States; or
 (II) originated in the United States and was 
 limited to territories and possessions of the 
 United States;
 (ii) the arrival of any railroad car the journey of 
 which originates and terminates in the same country, 
 but only if no passengers board or disembark from the 
 train and no cargo is loaded or unloaded from such car 
 while the car is within any country other than the 
 country in which such car originates and terminates;
 (iii) the arrival of a ferry, except for a ferry 
 whose operations begin on or after August 1, 1999, and 
 that operates south of 27 degrees latitude and east of 
 89 degrees longitude; or
 (iv) the arrival of any passenger on board a 
 commercial vessel traveling only between ports which 
 are within the customs territory of the United States.
 (B) The exemption provided for in subparagraph (A) shall not 
apply in the case of the arrival of any passenger on board a 
commercial vessel whose journey originates and terminates at 
the same place in the United States if there are no intervening 
stops.
 (C) The exemption provided for in subparagraph (A)(i) shall 
not apply to fiscal years 1994, 1995, 1996, and 1997.
 (2) No fee may be charged under subsection (a)(2) for the 
arrival of a commercial truck during any calendar year after a 
total of $100 in fees (subject to adjustment under subsection 
(l)) has been paid to the Secretary of the Treasury for the 
provision of customs services for all arrivals of such 
commercial truck during such calendar year.
 (3) No fee may be charged under subsection (a)(3) for the 
arrival of a railroad car whether passenger or freight during 
any calendar year after a total of $100 in fees (subject to 
adjustment under subsection (l)) has been paid to the Secretary 
of the Treasury for the provision of customs services for all 
arrivals of such passenger or freight rail car during such 
calendar year.
 (4)(A) No fee may be charged under subsection (a)(5) with 
respect to the arrival of any passenger--
 (i) who is in transit to a destination outside the 
 customs territory of the United States, and
 (ii) for whom customs inspectional services are not 
 provided.
 (B) In the case of a commercial vessel making a single voyage 
involving 2 or more United States ports with respect to which 
the passengers would otherwise be charged a fee pursuant to 
subsection (a)(5), such fee shall be charged only 1 time for 
each passenger.
 (5) No fee may be charged under subsection (a)(1) for the 
arrival of--
 (A) a vessel during a calendar year after a total of 
 $5,955 in fees (subject to adjustment under subsection 
 (l)) charged under paragraph (1) or (8) of subsection 
 (a) has been paid to the Secretary of the Treasury for 
 the provision of customs services for all arrivals of 
 such vessel during such calendar year,
 (B) any vessel which, at the time of the arrival, is 
 being used solely as a tugboat, or
 (C) any barge or other bulk carrier from Canada or 
 Mexico.
 (6) No fee may be charged under subsection (a)(8) for the 
arrival of a barge or other bulk carrier during a calendar year 
after a total of $1,500 in fees (subject to adjustment under 
subsection (l)) charged under paragraph (1) or (8) of 
subsection (a) has been paid to the Secretary of the Treasury 
for the provision of customs services for all arrivals of such 
barge or other bulk carrier during such calendar year.
 (7) No fee may be charged under paragraph (2), (3), or (4) of 
subsection (a) for the arrival of any--
 (A) commercial truck,
 (B) railroad car, or
 (C) private vessel,
that is being transported, at the time of the arrival, by any 
vessel that is not a ferry.
 (8)(A)(i) Subject to clause (ii), the fee charged under 
subsection (a)(9) for the formal entry or release of 
merchandise may not exceed $485 or be less than $25, unless 
adjusted pursuant to subsection (a)(9)(B) or (l).
 (ii) A surcharge of $3 (subject to adjustment under 
subsection (l)) shall be added to the fee determined after 
application of clause (i) for any manual entry or release of 
merchandise.
 (B) No fee may be charged under subsection (a) (9) or (10) 
for the processing of any article that is--
 (i) provided for under any item in chapter 98 of the 
 Harmonized Tariff Schedule of the United States, except 
 subheading 9802.00.60 or 9802.00.80,
 (ii) a product of an insular possession of the United 
 States, or
 (iii) a product of any country listed in subdivision 
 (c)(ii)(B) or (c)(v) of general note 3 to such 
 Schedule.
 (C) For purposes of applying subsection (a) (9) or (10)--
 (i) expenses incurred by the Secretary of the 
 Treasury in the processing of merchandise do not 
 include costs incurred in--
 (I) air passenger processing,
 (II) export control, or
 (III) international affairs, and
 (ii) any reference to a manual formal or informal 
 entry or release includes any entry or release filed by 
 a broker or importer that requires the inputting of 
 cargo selectivity data into the Automated Commercial 
 System by customs personnel, except when--
 (I) the broker or importer is certified as an 
 ABI cargo release filer under the Automated 
 Commercial System at any port within the United 
 States, or
 (II) the entry or release is filed at ports 
 prior to the full implementation of the cargo 
 selectivity data system by the Customs Service 
 at such ports.
 (D) The fee charged under subsection (a)(9) or (10) with 
respect to the processing of merchandise shall--
 (i) be paid by the importer of record of the 
 merchandise;
 (ii) except as otherwise provided in this paragraph, 
 be based on the value of the merchandise as determined 
 under section 402 of the Tariff Act of 1930;
 (iii) in the case of merchandise classified under 
 subheading 9802.00.60 of the Harmonized Tariff Schedule 
 of the United States, be applied to the value of the 
 foreign repairs or alterations to the merchandise;
 (iv) in the case of merchandise classified under 
 heading 9802.00.80 of such Schedule, be applied to the 
 full value of the merchandise, less the cost or value 
 of the component United States products;
 (v) in the case of agricultural products of the 
 United States that are processed and packed in a 
 foreign trade zone, be applied only to the value of 
 material used to make the container for such 
 merchandise, if such merchandise is subject to entry 
 and the container is of a kind normally used for 
 packing such merchandise; and
 (vi) in the case of merchandise entered from a 
 foreign trade zone (other than merchandise to which 
 clause (v) applies), be applied only to the value of 
 the privileged or nonprivileged foreign status 
 merchandise under section 3 of the Act of June 18, 1934 
 (commonly known as the Foreign Trade Zones Act, 19 
 U.S.C. 81c).
With respect to merchandise that is classified under subheading 
9802.00.60 or heading 9802.00.80 of such Schedule and is duty-
free, the Secretary may collect the fee charged on the 
processing of the merchandise under subsection (a) (9) or (10) 
on the basis of aggregate data derived from financial and 
manufacturing reports used by the importer in the normal course 
of business, rather than on the basis of entry-by-entry 
accounting.
 (E) For purposes of subsection (a) (9) and (10), merchandise 
is entered or released, as the case may be, if the merchandise 
is--
 (i) permitted or released under section 448(b) of the 
 Tariff Act of 1930,
 (ii) entered or released from customs custody under 
 section 484(a)(1)(A) of the Tariff Act of 1930, or
 (iii) withdrawn from warehouse for consumption.
 (9)(A) With respect to the processing of letters, documents, 
records, shipments, merchandise, or any other item that is 
valued at an amount that is $2,000 or less (or such higher 
amount as the Secretary of the Treasury may set by regulation 
pursuant to section 498 of the Tariff Act of 1930 and subject 
to adjustment under subsection (l)), except such items entered 
for transportation and exportation or immediate exportation at 
a centralized hub facility, an express consignment carrier 
facility, or a small airport or other facility, the following 
reimbursements and payments are required:
 (i) In the case of a small airport or other 
 facility--
 (I) the reimbursement which such facility is 
 required to make during the fiscal year under 
 section 9701 of title 31, United States Code or 
 section 236 of the Trade and Tariff Act of 
 1984; and
 (II) an annual payment by the facility to the 
 Secretary of the Treasury, which is in lieu of 
 the payment of fees under subsection (a)(10) 
 for such fiscal year, in an amount equal to the 
 reimbursement under subclause (I).
 (ii) Notwithstanding subsection (e)(6) and subject to 
 the provisions of subparagraph (B), in the case of an 
 express consignment carrier facility or centralized hub 
 facility--
 (I) $.66 per individual airway bill or bill 
 of lading (subject to adjustment under 
 subsection (l)); and
 (II) if the merchandise is formally entered, 
 the fee provided for in subsection (a)(9), if 
 applicable.
 (B)(i) Beginning in fiscal year 2004, the Secretary of the 
Treasury may adjust (not more than once per fiscal year) the 
amount described in subparagraph (A)(ii) to an amount that is 
not less than $.35 and not more than $1.00 per individual 
airway bill or bill of lading (subject to adjustment under 
subsection (l)). The Secretary shall provide notice in the 
Federal Register of a proposed adjustment under the preceding 
sentence and the reasons therefor and shall allow for public 
comment on the proposed adjustment.
 (ii) Notwithstanding section 451 of the 
 Tariff Act of 1930, the payment required by 
 subparagraph (A)(ii) (I) or (II) shall be the 
 only payment required for reimbursement of the 
 Customs Service in connection with the 
 processing of an individual airway bill or bill 
 of lading in accordance with such subparagraph 
 and for providing services at express 
 consignment carrier facilities or centralized 
 hub facilities, except that the Customs Service 
 may require such facilities to cover expenses 
 of the Customs Service for adequate office 
 space, equipment, furnishings, supplies, and 
 security.
 (iii)(I) The payment required by subparagraph 
 (A)(ii) and clause (ii) of this subparagraph 
 shall be paid on a quarterly basis by the 
 carrier using the facility to the Customs 
 Service in accordance with regulations 
 prescribed by the Secretary of the Treasury.
 (II) 50 percent of the amount of payments 
 received under subparagraph (A)(ii) and clause 
 (ii) of this subparagraph shall, in accordance 
 with section 524 of the Tariff Act of 1930, be 
 deposited in the Customs User Fee Account and 
 shall be used to directly reimburse each 
 appropriation for the amount paid out of that 
 appropriation for the costs incurred in 
 providing services to express consignment 
 carrier facilities or centralized hub 
 facilities. Amounts deposited in accordance 
 with the preceding sentence shall be available 
 until expended for the provision of customs 
 services to express consignment carrier 
 facilities or centralized hub facilities.
 (III) Notwithstanding section 524 of the 
 Tariff Act of 1930, the remaining 50 percent of 
 the amount of payments received under 
 subparagraph (A)(ii) and clause (ii) of this 
 subparagraph shall be paid to the Secretary of 
 the Treasury, which is in lieu of the payment 
 of fees under subsection (a)(10) of this 
 section.
 (C) For purposes of this paragraph:
 (i) The terms ``centralized hub facility'' and 
 ``express consignment carrier facility'' have the 
 respective meanings that are applied to such terms in 
 part 128 of chapter I of title 19, Code of Federal 
 Regulations. Nothing in this paragraph shall be 
 construed as prohibiting the Secretary of the Treasury 
 from processing merchandise that is informally entered 
 or released at any centralized hub facility or express 
 consignment carrier facility during the normal 
 operating hours of the Customs Service, subject to 
 reimbursement and payment under subparagraph (A).
 (ii) The term ``small airport or other facility'' 
 means any airport or facility to which section 236 of 
 the Trade and Tariff Act of 1984 applies, if more than 
 25,000 informal entries were cleared through such 
 airport or facility during the preceding fiscal year.
 (D)(i) With respect to the processing of items that 
 are sent to the United States through the international 
 postal network by ``Inbound Express Mail service'' or 
 ``Inbound EMS'' (as that service is described in the 
 mail classification schedule referred to in section 
 3631 of title 39, United States Code), the following 
 payments are required:
 (I) $1 per Inbound EMS item.
 (II) If an Inbound EMS item is formally 
 entered, the fee provided for under subsection 
 (a)(9), if applicable.
 (ii) Notwithstanding section 451 of the Tariff Act of 
 1930 (19 U.S.C. 1451), the payments required by clause 
 (i), as allocated pursuant to clause (iii)(I), shall be 
 the only payments required for reimbursement of U.S. 
 Customs and Border Protection for customs services 
 provided in connection with the processing of an 
 Inbound EMS item.
 (iii)(I) The payments required by clause (i)(I) shall 
 be allocated as follows:
 (aa) 50 percent of the amount of the payments 
 shall be paid on a quarterly basis by the 
 United States Postal Service to the 
 Commissioner of U.S. Customs and Border 
 Protection in accordance with regulations 
 prescribed by the Secretary of the Treasury to 
 reimburse U.S. Customs and Border Protection 
 for customs services provided in connection 
 with the processing of Inbound EMS items.
 (bb) 50 percent of the amount of the payments 
 shall be retained by the Postal Service to 
 reimburse the Postal Service for services 
 provided in connection with the customs 
 processing of Inbound EMS items.
 (II) Payments received by U.S. Customs and Border 
 Protection under subclause (I)(aa) shall, in accordance 
 with section 524 of the Tariff Act of 1930 (19 U.S.C. 
 1524), be deposited in the Customs User Fee Account and 
 used to directly reimburse each appropriation for the 
 amount paid out of that appropriation for the costs 
 incurred in providing services to international mail 
 facilities. Amounts deposited in accordance with the 
 preceding sentence shall be available until expended 
 for the provision of such services.
 (III) Payments retained by the Postal Service under 
 subclause (I)(bb) shall be used to directly reimburse 
 the Postal Service for the costs incurred in providing 
 services in connection with the customs processing of 
 Inbound EMS items.
 (iv) Beginning in fiscal year 2021, the Secretary, in 
 consultation with the Postmaster General, may adjust, 
 not more frequently than once each fiscal year, the 
 amount described in clause (i)(I) to an amount 
 commensurate with the costs of services provided in 
 connection with the customs processing of Inbound EMS 
 items, consistent with the obligations of the United 
 States under international agreements.
 (10)(A) The fee charged under subsection (a) (9) or (10) with 
respect to goods of Canadian origin (as determined under 
section 202 of the United States-Canada Free-Trade Agreement 
Implementation Act of 1988) when the United States-Canada Free-
Trade Agreement is in force shall be in accordance with article 
403 of that Agreement.
 (B) No fee may be charged under paragraph (9) or (10) of 
subsection (a) with respect to goods that qualify as 
originating goods under section 202 of the United States-
Mexico-Canada Agreement Implementation Act or qualify for duty-
free treatment under Annex 6-A of the USMCA (as defined in 
section 3 of that Act). Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (11) No fee may be charged under subsection (a) (9) or (10) 
with respect to products of Israel if an exemption with respect 
to the fee is implemented under section 112 of the Customs and 
Trade Act of 1990.
 (12) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 202 of the United States-Chile Free Trade Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (13) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 202 of the United States-Singapore Free Trade Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (14) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 203 of the United States-Australia Free Trade Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (15) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 203 of the Dominican Republic-Central America-United 
States Free Trade Agreement Implementation Act. Any service for 
which an exemption from such fee is provided by reason of this 
paragraph may not be funded with money contained in the Customs 
User Fee Account.
 (16) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 202 of the United States-Bahrain Free Trade Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (17) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 202 of the United States-Oman Free Trade Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (18) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 203 of the United States-Peru Trade Promotion Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (19) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 202 of the United States-Korea Free Trade Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be 
funded with money contained in the Customs User Fee Account.
 (20) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under 
section 203 of the United States-Colombia Trade Promotion 
Agreement Implementation Act. Any service for which an 
exemption from such fee is provided by reason of this paragraph 
may not be funded with money contained in the Customs User Fee 
Account.
 (21) No fee may be charged under subsection (a)(9) or (10) 
with respect to goods that qualify as originating goods under 
section 203 of the United States-Panama Trade Promotion 
Agreement Implementation Act. Any service for which an 
exemption from such fee is provided by reason of this paragraph 
may not be funded with money contained in the Customs User Fee 
Account.
 (c) Definitions.--For purposes of this section--
 (1) The term ``ferry'' means any vessel which is 
 being used--
 (A) to provide transportation only between 
 places that are no more than 300 miles apart, 
 and
 (B) to transport only--
 (i) passengers, or
 (ii) vehicles, or railroad cars, 
 which are being used, or have been 
 used, in transporting passengers or 
 goods.
 (2) The term ``arrival'' means arrival at a port of 
 entry in the customs territory of the United States.
 (3) The term ``customs territory of the United 
 States'' has the meaning given to such term by general 
 note 2 of the Harmonized Tariff Schedule of the United 
 States.
 (4) The term ``customs broker permit'' means a permit 
 issued under section 641(c) of the Tariff Act of 1930 
 (19 U.S.C. 1641(c)).
 (5) The term ``barge or other bulk carrier'' means 
 any vessel which--
 (A) is not self-propelled, or
 (B) transports fungible goods that are not 
 packaged in any form.
 (d) Collection.--(1) Each person that issues a document or 
ticket to an individual for transportation by a commercial 
vessel or commercial aircraft into the customs territory of the 
United States shall--
 (A) collect from that individual the fee charged 
 under subsection (a)(5) at the time the document or 
 ticket is issued; and
 (B) separately identify on that document or ticket 
 the fee charged under subsection (a)(5) as a Federal 
 inspection fee.
 (2) If--
 (A) a document or ticket for transportation of a 
 passenger into the customs territory of the United 
 States is issued in a foreign country; and
 (B) the fee charged under subsection (a)(5) is not 
 collected at the time such document or ticket is 
 issued;
the person providing transportation to such passenger shall 
collect such fee at the time such passenger departs from the 
customs territory of the United States and shall provide such 
passenger a receipt for the payment of such fee.
 (3) The person who collects fees under paragraph (1) or (2) 
shall remit those fees to the Secretary of the Treasury at any 
time before the date that is 31 days after the close of the 
calendar quarter in which the fees are collected.
 (4)(A) Notice of the date on which payment of the fee imposed 
by subsection (a)(7) is due shall be published by the Secretary 
of the Treasury in the Federal Register by no later than the 
date that is 60 days before such due date.
 (B) A customs broker permit may be revoked or suspended for 
nonpayment of the fee imposed by subsection (a)(7) only if 
notice of the date on which payment of such fee is due was 
published in the Federal Register at least 60 days before such 
due date.
 (C) The customs broker's license issued under section 641(b) 
of the Tariff Act of 1930 (19 U.S.C. 1641(b)) may not be 
revoked or suspended merely by reason of nonpayment of the fee 
imposed under subsection (a)(7).
 (e) Provision of Customs Services.--
 (1)(A) Notwithstanding section 451 of the Tariff Act of 1930 
(19 U.S.C. 1451) or any other provision of law (other than 
subparagraph (B) and paragraph (2)), the customs services 
required to be provided to passengers upon arrival in the 
United States shall be adequately provided in connection with 
scheduled airline flights at customs serviced airports when 
needed and at no cost (other than the fees imposed under 
subsection (a)) to airlines and airline passengers.
 (B)(i) An appropriate officer of U.S. Customs and Border 
Protection may assign a sufficient number of employees of U.S. 
Customs and Border Protection (if available) to perform 
services described in clause (ii) for a charter air carrier (as 
defined in section 40102 of title 49, United States Code) for a 
charter flight arriving after normal operating hours at an 
airport that is an established port of entry serviced by U.S. 
Customs and Border Protection, notwithstanding that overtime 
funds for those services are not available, if the charter air 
carrier--
 (I) not later than 4 hours before the flight arrives, 
 specifically requests that such services be provided; 
 and
 (II) pays any overtime fees incurred in connection 
 with such services.
 (ii) Services described in this clause are customs services 
for passengers and their baggage or any other similar service 
that could lawfully be performed during regular hours of 
operation.
 (2)(A) This subsection shall not apply with respect to any 
airport to which section 236 of the Trade and Tariff Act of 
1984 (19 U.S.C. 58b) applies.
 (B) Subparagraph (C) of paragraph (6) shall not apply with 
respect to any foreign trade zone or subzone that is located 
at, or in the vicinity of, an airport to which section 236 of 
the Trade and Tariff Act of 1984 applies.
 (3) Notwithstanding section 451 of the Tariff Act of 1930 (19 
U.S.C. 1451) or any other provision of law--
 (A) the customs services required to be provided to 
 passengers upon arrival in the United States shall be 
 adequately provided in connection with scheduled 
 airline flights when needed at places located outside 
 the customs territory of the United States at which a 
 customs officer is stationed for the purpose of 
 providing such customs services, and
 (B) other than the fees imposed under subsection (a), 
 the airlines and airline passengers shall not be 
 required to reimburse the Secretary of the Treasury for 
 the costs of providing overtime customs inspectional 
 services at such places.
 (4) Notwithstanding any other provision of law, all customs 
services (including, but not limited to, normal and overtime 
clearance and preclearance services) shall be adequately 
provided, when requested, for--
 (A) the clearance of any commercial vessel, vehicle, 
 or aircraft or its passengers, crew, stores, material, 
 or cargo arriving, departing, or transiting the United 
 States;
 (B) the preclearance at any customs facility outside 
 the United States of any commercial vessel, vehicle or 
 aircraft or its passengers, crew, stores, material, or 
 cargo; and
 (C) the inspection or release of commercial cargo or 
 other commercial shipments being entered into, or 
 withdrawn from, the customs territory of the United 
 States.
 (5) For purposes of this subsection, customs services shall 
be treated as being ``adequately provided'' if such of those 
services that are necessary to meet the needs of parties 
subject to customs inspection are provided in a timely manner 
taking into account factors such as--
 (A) the unavoidability of weather, mechanical, and 
 other delays;
 (B) the necessity for prompt and efficient passenger 
 and baggage clearance;
 (C) the perishability of cargo;
 (D) the desirability or unavoidability of late night 
 and early morning arrivals from various time zones;
 (E) the availability (in accordance with regulations 
 prescribed under subsection (g)(2)) of customs 
 personnel and resources; and
 (F) the need for specific enforcement checks.
 (6) Notwithstanding any other provision of law except 
paragraph (2), during any period when fees are authorized under 
subsection (a), no charges, other than such fees, may be 
collected--
 (A) for any--
 (i) cargo inspection, clearance, or other 
 customs activity, expense, or service performed 
 (regardless whether performed outside of normal 
 business hours on an overtime basis), or
 (ii) customs personnel provided,
 in connection with the arrival or departure of any 
 commercial vessel, vehicle, or aircraft, or its 
 passengers, crew, stores, material, or cargo, in the 
 United States;
 (B) for any preclearance or other customs activity, 
 expense, or service performed, and any customs 
 personnel provided, outside the United States in 
 connection with the departure of any commercial vessel, 
 vehicle, or aircraft, or its passengers, crew, stores, 
 material, or cargo, for the United States; or
 (C) in connection with--
 (i) the activation or operation (including 
 Customs Service supervision) of any foreign 
 trade zone or subzone established under the Act 
 of June 18, 1934 (commonly known as the Foreign 
 Trade Zones Act, 19 U.S.C. 81a et seq.), or
 (ii) the designation or operation (including 
 Customs Service supervision) of any bonded 
 warehouse under section 555 of the Tariff Act 
 of 1930 (19 U.S.C. 1555).
 (f) Disposition of Fees.--(1) There is established in the 
general fund of the Treasury a separate account which shall be 
known as the ``Customs User Fee Account''. Notwithstanding 
section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), there 
shall be deposited as offsetting receipts into the Customs User 
Fee Account all fees collected under subsection (a) except--
 (A) the portion of such fees that is required under 
 paragraph (3) for the direct reimbursement of 
 appropriations, and
 (B) amounts deposited into the Customs Commercial and 
 Homeland Security Automation Account under paragraph 
 (4).
 (2) Except as otherwise provided in this subsection, all 
funds in the Customs User Fee Account shall be available, to 
the extent provided for in appropriations Acts, to pay the 
costs (other than costs for which direct reimbursement under 
paragraph (3) is required) incurred by the United States 
Customs Service in conducting customs revenue functions as 
defined in section 415 of the Homeland Security Act of 2002 
(other than functions performed by the Office of International 
Affairs referred to in section 415(8) of that Act), and for 
automation (including the Automation Commercial Environment 
computer system), and for no other purpose. To the extent that 
funds in the Customs User Fee Account are insufficient to pay 
the costs of such customs revenue functions, customs duties in 
an amount equal to the amount of such insufficiency shall be 
available, to the extent provided for in appropriations Acts, 
to pay the costs of such customs revenue functions in the 
amount of such insufficiency, and shall be available for no 
other purpose. The provisions of the first and second sentences 
of this paragraph specifying the purposes for which amounts in 
the Customs User Fee Account may be made available shall not be 
superseded except by a provision of law which specifically 
modifies or supersedes such provisions. So long as there is a 
surplus of funds in the Customs User Fee Account, the Secretary 
of the Treasury may not reduce personnel staffing levels for 
providing commercial clearance and preclearance services.
 (3)(A) The Secretary of the Treasury, in accordance with 
section 524 of the Tariff Act of 1930 and subject to 
subparagraph (B), shall directly reimburse, from the fees 
collected under subsection (a) (other than the fees under 
subsection (a) (9) and (10) and the excess fees determined by 
the Secretary under paragraph (4)), each appropriation for the 
amount paid out of that appropriation for the costs incurred by 
the Secretary--
 (i) in--
 (I) paying overtime compensation under 
 section 5(a) of the Act of February 13, 1911,
 (II) paying premium pay under section 5(b) of 
 the Act of February 13, 1911, but the amount 
 for which reimbursement may be made under this 
 subclause may not, for any fiscal year, exceed 
 the difference between the total cost of all 
 the premium pay for such year calculated under 
 section 5(b) and the cost of the night and 
 holiday premium pay that the Customs Service 
 would have incurred for the same inspectional 
 work on the day before the effective date of 
 section 13813 of the Omnibus Budget 
 Reconciliation Act of 1993,
 (III) paying agency contributions to the 
 Civil Service Retirement and Disability Fund to 
 match deductions from the overtime compensation 
 paid under subclause (I),
 (IV) providing all preclearance services for 
 which the recipients of such services are not 
 required to reimburse the Secretary of the 
 Treasury, and
 (V) paying foreign language proficiency 
 awards under section 13812(b) of the Omnibus 
 Budget Reconciliation Act of 1993,
 (ii) to the extent funds remain available after 
 making reimbursements under clause (i), in providing 
 salaries for full-time and part-time inspectional 
 personnel and equipment that enhance customs services 
 for those persons or entities that are required to pay 
 fees under paragraphs (1) through (8) of subsection (a) 
 (distributed on a basis proportionate to the fees 
 collected under paragraphs (1) through (8) of 
 subsection (a), and
 (iii) to the extent funds remain available after 
 making reimbursements under clause (ii), in providing 
 salaries for up to 50 full-time equivalent inspectional 
 positions to provide preclearance services.
The transfer of funds required under subparagraph (C)(iii) has 
priority over reimbursements under this subparagraph to carry 
out subclauses (II), (III), (IV), and (V) of clause (i). Funds 
described in clause (ii) shall only be available to reimburse 
costs in excess of the highest amount appropriated for such 
costs during the period beginning with fiscal year 1990 and 
ending with the current fiscal year.
 (B) Reimbursement of appropriations under this paragraph--
 (i) shall be subject to apportionment or similar 
 administrative practices;
 (ii) shall be made at least quarterly; and
 (iii) to the extent necessary, may be made on the 
 basis of estimates made by the Secretary of the 
 Treasury and adjustments shall be made in subsequent 
 reimbursements to the extent that the estimates were in 
 excess of, or less than, the amounts required to be 
 reimbursed.
 (C)(i) For fiscal year 1991 and subsequent fiscal years, the 
amount required to reimburse costs described in subparagraph 
(A)(i) shall be projected from actual requirements, and only 
the excess of collections over such projected costs for such 
fiscal year shall be used as provided in subparagraph (A)(ii).
 (ii) The excess of collections over inspectional overtime and 
preclearance costs (under subparagraph (A)(i)) reimbursed for 
fiscal years 1989 and 1990 shall be available in fiscal year 
1991 and subsequent fiscal years for the purposes described in 
subparagraph (A)(ii), except that $30,000,000 of such excess 
shall remain without fiscal year limitation in a contingency 
fund and, in any fiscal year in which receipts are insufficient 
to cover the costs described in subparagraph (A) (i) and (ii), 
shall be used for--
 (I) the costs of providing the services described in 
 subparagraph (A)(i), and
 (II) after the costs described in subclause (I) are 
 paid, the costs of providing the personnel and 
 equipment described in subparagraph (A)(ii) at the 
 preceding fiscal year level.
 (iii) For each fiscal year, the Secretary of the Treasury 
shall calculate the difference between--
 (I) the estimated cost for overtime compensation that 
 would have been incurred during that fiscal year for 
 inspectional services if section 5 of the Act of 
 February 13, 1911 (19 U.S.C. 261 and 267), as in effect 
 before the enactment of section 13811 of the Omnibus 
 Budget Reconciliation Act of 1993, had governed such 
 costs, and
 (II) the actual cost for overtime compensation, 
 premium pay, and agency retirement contributions that 
 is incurred during that fiscal year in regard to 
 inspectional services under section 5 of the Act of 
 February 13, 1911, as amended by section 13811 of the 
 Omnibus Budget Reconciliation Act of 1993, and under 
 section 8331(3) of title 5, United States Code, as 
 amended by section 13812(a)(1) of such Act of 1993, 
 plus the actual cost that is incurred during that 
 fiscal year for foreign language proficiency awards 
 under section 13812(b) of such Act of 1993,
and shall transfer from the Customs User Fee Account to the 
General Fund of the Treasury an amount equal to the difference 
calculated under this clause, or $18,000,000, whichever amount 
is less. Transfers shall be made under this clause at least 
quarterly and on the basis of estimates to the same extent as 
are reimbursements under subparagraph (B)(iii).
 (D) Nothing in this paragraph shall be construed to preclude 
the use of appropriated funds, from sources other than the fees 
collected under subsection (a), to pay the costs set forth in 
clauses (i), (ii), and (iii) of subparagraph (A).
 (4)(A) There is created within the general fund of the 
Treasury a separate account that shall be known as the 
``Customs Commercial and Homeland Security Automation 
Account''. In each of fiscal years 2003, 2004, and 2005 there 
shall be deposited into the Account from fees collected under 
subsection (a)(9)(A), $350,000,000.
 (B) There is authorized to be appropriated from the Account 
in fiscal years 2016 through 2018not less than $153,736,000to 
complete the development and implementation, establishment, and 
implementation of the Automated Commercial Environment computer 
system for the processing of merchandise that is entered or 
released and for other purposes related to the functions of the 
Department of Homeland Security. Amounts appropriated pursuant 
to this subparagraph are authorized to remain available until 
expended.
 (C) In adjusting the fee imposed by subsection (a)(9)(A) for 
fiscal year 2006, the Secretary of the Treasury shall reduce 
the amount estimated to be collected in fiscal year 2006 by the 
amount by which total fees deposited to the Account during 
fiscal years 2003, 2004, and 2005 exceed total appropriations 
from that Account.
 (5) Of the amounts collected in fiscal year 1999 under 
paragraphs (9) and (10) of subsection (a), $50,000,000 shall be 
available to the Customs Service, subject to appropriations 
Acts, for automated commercial systems. Amounts made available 
under this paragraph shall remain available until expended.
 (g) Regulations and Enforcement.--(1) The Secretary of the 
Treasury may prescribe such rules and regulations as may be 
necessary to carry out the provisions of this section. 
Regulations issued by the Secretary of the Treasury under this 
subsection with respect to the collection of the fees charged 
under subsection (a)(5) and the remittance of such fees to the 
Treasury of the United States shall be consistent with the 
regulations issued by the Secretary of the Treasury for the 
collection and remittance of the taxes imposed by subchapter C 
of chapter 33 of the Internal Revenue Code of 1954, but only to 
the extent the regulations issued with respect to such taxes do 
not conflict with the provisions of this section.
 (2) Except to the extent otherwise provided in regulations, 
all administrative and enforcement provisions of customs laws 
and regulations, other than those laws and regulations relating 
to drawback, shall apply with respect to any fee prescribed 
under subsection (a) of this section, and with respect to 
persons liable therefor, as if such fee is a customs duty. For 
purposes of the preceding sentence, any penalty expressed in 
terms of a relationship to the amount of the duty shall be 
treated as not less than the amount which bears a similar 
relationship to the amount of the fee assessed. For purposes of 
determining the jurisdiction of any court of the United States 
or any agency of the United States, any fee prescribed under 
subsection (a) of this section shall be treated as if such fee 
is a customs duty.
 (h) Conforming Amendments.--(1) Subsection (i) of section 305 
of the Rail Passenger Service Act (45 U.S.C. 545(i)) is amended 
by striking out the last sentence thereof.
 (2) Subsection (e) of section 53 of the Airport and Airway 
Development Act of 1970 (49 U.S.C. 1741(e)) is repealed.
 (i) Effect on Other Authority.--Except with respect to 
customs services for which fees are imposed under subsection 
(a), nothing in this section shall be construed as affecting 
the authority of the Secretary of the Treasury to charge fees 
under section 214(b) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 58a).
 (j) Effective Dates.--(1) Except as otherwise provided in 
this subsection, the provisions of this section, and the 
amendments and repeals made by this section, shall apply with 
respect to customs services rendered after the date that is 90 
days after the date of enactment of this Act.
 (2) Fees may be charged under subsection (a)(5) only with 
respect to customs services rendered in regard to arriving 
passengers using transportation for which documents or tickets 
were issued after the date that is 90 days after such date of 
enactment.
 (3)(A) Fees may not be charged under paragraphs (9) and (10) 
of subsection (a) after [September 30, 2031] December 31, 2031.
 (B)(i) Subject to clause (ii), Fees may not be charged under 
paragraphs (1) through (8) of subsection (a) after [September 
30, 2031] December 31, 2031.
 (ii) In fiscal year 2006 and in each succeeding fiscal year 
for which fees under paragraphs (1) through (8) of subsection 
(a) are authorized--
 (I) the Secretary of the Treasury shall charge fees 
 under each such paragraph in amounts that are 
 reasonably related to the costs of providing customs 
 services in connection with the activity or item for 
 which the fee is charged under such paragraph, except 
 that in no case may the fee charged under any such 
 paragraph exceed by more than 10 percent the amount 
 otherwise prescribed by such paragraph;
 (II) the amount of fees collected under such 
 paragraphs may not exceed, in the aggregate, the 
 amounts paid in that fiscal year for the costs 
 described in subsection (f)(3)(A) incurred in providing 
 customs services in connection with the activity or 
 item for which the fees are charged under such 
 paragraphs;
 (III) a fee may not be collected under any such 
 paragraph except to the extent such fee will be 
 expended to pay the costs described in subsection 
 (f)(3)(A) incurred in providing customs services in 
 connection with the activity or item for which the fee 
 is charged under such paragraph; and
 (IV) any fee collected under any such paragraph shall 
 be available for expenditure only to pay the costs 
 described in subsection (f)(3)(A) incurred in providing 
 customs services in connection with the activity or 
 item for which the fee is charged under such paragraph.
 (k) Advisory Committee.--The Commissioner of Customs shall 
establish an advisory committee whose membership shall consist 
of representatives from the airline, cruise ship, and other 
transportation industries who may be subject to fees under 
subsection (a). The advisory committee shall not be subject to 
termination under section 1013 of title 5, United States Code. 
The advisory committee shall meet on a periodic basis and shall 
advise the Commissioner on issues related to the performance of 
the inspectional services of the United States Customs Service. 
Such advice shall include, but not be limited to, such issues 
as the time periods during which such services should be 
performed, the proper number and deployment of inspection 
officers, the level of fees, and the appropriateness of any 
proposed fee. The Commissioner shall give consideration to the 
views of the advisory committee in the exercise of his or her 
duties.
 (l) Adjustment of Fees for Inflation.--
 (1) In general.--The Secretary of the Treasury shall 
 adjust the fees established under subsection (a), and 
 the limitations on such fees under paragraphs (2), (3), 
 (5), (6), (8), and (9) of subsection (b), on April 1, 
 2016, and at the beginning of each fiscal year 
 thereafter, to reflect the percentage (if any) of the 
 increase in the average of the Consumer Price Index for 
 the preceding 12-month period compared to the Consumer 
 Price Index for fiscal year 2014.
 (2) Special rules for calculation of adjustment.--In 
 adjusting under paragraph (1) the amount of the fees 
 established under subsection (a), and the limitations 
 on such fees under paragraphs (2), (3), (5), (6), (8), 
 and (9) of subsection (b), the Secretary--
 (A) shall round the amount of any increase in 
 the Consumer Price Index to the nearest dollar; 
 and
 (B) may ignore any such increase of less than 
 1 percent.
 (3) Consumer price index defined.--For purposes of 
 this subsection, the term ``Consumer Price Index'' 
 means the Consumer Price Index for All Urban Consumers 
 published by the Bureau of Labor Statistics of the 
 Department of Labor.

 * * * * * * *

 ---------- 

 UNITED STATES-KOREA FREE TRADE AGREEMENT 
 IMPLEMENTATION ACT

 * * * * * * * 
 
 TITLE V--OFFSETS

 * * * * * * *

SEC. 503. RATE FOR MERCHANDISE PROCESSING FEES.

 For the period beginning on December 1, 2015, and ending on 
[September 30, 2031] December 31, 2031, section 13031(a)(9) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(a)(9)) shall be applied and administered--
 (1) in subparagraph (A), by substituting ``0.3464'' 
 for ``0.21''; and
 (2) in subparagraph (B)(i), by substituting 
 ``0.3464'' for ``0.21''.

 * * * * * * *

 VII. ADDITONAL VIEWS

 The Africa Growth and Opportunity Act (AGOA) has been the 
cornerstone of U.S. trade policy with sub-Saharan Africa for 
nearly twenty-five years. At a moment when the Trump 
Administration is actively undermining America's partnership 
with Africa, while fueling chaos across the continent by 
leveling unlawful tariffs on AGOA beneficiaries, and 
trafficking in dangerous rhetoric that demeans African people, 
it is more important than ever that Congress demonstrate its 
commitment to AGOA.
 H.R. 6500 is not the bill Ways and Means Democrats would 
have written. While AGOA has opened new opportunities for 
economic engagement and has resulted in tens of thousands of 
jobs in sub-Saharan Africa, it has not achieved all that we 
hoped. In addition, the world looks a lot different than it did 
when Congress created AGOA. For instance, Africa has become a 
leader in addressing climate change, is the site of key 
critical minerals, and, driven by a young and tech-savvy 
population, is becoming a tech and innovation powerhouse. A 
modernized AGOA should reflect these developments.
 Moreover, AGOA should also recognize that certain African 
economies are more advanced and better integrated globally 
since the program's creation. In short, it is important that a 
modernized AGOA not only address long-standing concerns--such 
as low utilization rates--but also reflect the realities of 
today and prepare for tomorrow. H.R. 6500 does not address any 
of these challenges. Further, H.R. 6500 would not reauthorize 
Trade Adjustment Assistance (TAA), a program that assists 
workers who are adversely affected by foreign trade. Certainly, 
TAA should have been included in H.R. 6500.
 With AGOA expired, sub-Saharan African countries face high 
tariff rates that directly undermine the market access provided 
by AGOA, especially for apparel products. In addition, AGOA 
countries are subject to President Trump's so-called 
``reciprocal'' tariffs, which, for AGOA countries, range from 
10 percent to 30 percent. H.R. 6500 would not address these 
unlawful tariffs.
 But the moment is too grave to let it pass us by. Ways and 
Means Democrats cannot allow our economic and diplomatic ties 
with Africa to languish under the cruelty of the Trump 
Administration. The administration is extorting those with the 
least to give--and that is not who we are as a country.
 Ways and Means Democrats are committed to both AGOA and 
reauthorizing TAA and advancing policies that strengthen worker 
rights. Our global competitiveness depends on investing in our 
workers--not abandoning them.

 Richard E. Neal,
 Ranking Member.